The Legal Landscape: Understanding BtMG and Its Consequences
In Germany, the Betäubungsmittelgesetz (BtMG) governs all narcotics-related offenses — from simple cannabis possession to more serious distribution or trafficking charges.
Under the BtMG, even small amounts of cannabis for personal use are technically illegal. The prosecution can be dropped under certain thresholds (like under 6 grams in some federal states), but this doesn’t prevent license-related consequences.
A typical scenario includes:
Police catching you with cannabis (on foot or while driving)
Mandatory drug test (blood, urine, or saliva)
Administrative procedures from the Führerscheinstelle
Possible requirement for MPU
Entry into the FAER (Verkehrszentralregister)
Even without a criminal charge, you may lose your license.
Drugged Driving: Zero Tolerance in German Traffic Law
German traffic law imposes zero tolerance for drugs and alcohol when it comes to driving:
| Offense | Penalty |
|---|---|
| Driving under cannabis | €500+ fine, 1-3 months suspension, 1 point |
| Blood THC ≥1 ng/ml | Enough for MPU referral |
| Alcohol over 0.5‰ | €500+ fine, 1-3 months suspension, MPU if repeated |
| Combo: Drugs + Alcohol | Drastic measures, license revocation, MPU mandatory |
Even if no accident occurs, you can lose your license just by testing positive.
THC Nachweisbarkeit & Police Procedure
If you’re stopped by police and suspected of drug influence, here’s what happens:
Field sobriety test
Drug screening via saliva or urine
Blood test if suspicion confirmed
Lab report sent to licensing authority
License suspension or direct revocation
MPU ordered in severe or repeat cases
The lab analysis looks for active THC and THC-COOH (degradation product). If active THC >1 ng/ml, they assume lack of separation between use and driving.
In court, your lawyer can challenge toxicology, test procedures, and question police methods.
How a Verkehrsrecht Lawyer Builds Your Defense
A skilled Rechtsanwalt Verkehrsrecht or BtMG defense attorney plays a key role. Here's what they do:
Challenge procedural mistakes (unlawful stops, flawed lab testing)
Request secondary tests or hair analysis
Argue proportionality — was a small amount enough to revoke a license?
Highlight legal discrepancies between federal states
Negotiate with the Führerscheinstelle to reduce or avoid MPU
Fight for reinstatement or shortened bans
If facing criminal drug charges AND license loss, a dual-qualified lawyer is essential.
MPU nach BtMG: Was erwartet dich?
If your case leads to an MPU, here’s what you must prepare for:
Full drug history disclosure
Proof of abstinence (often 6–12 months)
Psych evaluation regarding behavioral change
Long-term prognosis of drug-free driving
Possibly multiple tests (hair, urine, screening logs)
Many fail because they are not coached and don't understand psychological expectations. A good MPU Anwalt prepares you both legally and mentally.
MPU Nicht Bestanden: What Happens?
Failing the MPU leads to:
Extension of driving ban
Higher costs
Loss of job (especially drivers, sales reps, etc.)
Emotional distress and fear of public labeling
Worse, your negative MPU result stays on record and impacts all future license requests. That’s why a proper defense strategy before MPU even happens is vital.
Second Chances: How to Win Your License Back
To get your license back, especially after drug-related revocation, you’ll need to:
Document abstinence with certified programs
Undergo traffic psychological counseling
Work with a qualified lawyer who knows drug and traffic law
Prepare for MPU with professional coaching
Challenge legal aspects wherever possible
A lawyer can often reduce the requirements — for example, replacing 12-month abstinence proof with 6-month separation training if supported by evidence.
Building a Strong Legal Case
Here’s what your defense should include:
Medical certificates disproving addiction
Urine/hair tests that show detoxed status
Traffic behavioral change log
Statements from therapists or psychologists
Analysis of police protocol and search legality
Often, a legal error or weak police protocol can invalidate evidence — your Rechtsanwalt will know how to leverage that.
Case Study: A Successful BtMG Defense
Case: 28-year-old male caught with cannabis, stopped while cycling
THC in blood = 1.3 ng/ml
License revoked, MPU ordered
Defense strategy:
Lawyer argued procedural misconduct during stop
Presented proof of voluntary abstinence
Brought psychological counseling reports
Hair test showing 6 months clean
Result:
MPU shortened to 6 months
License reinstated
Criminal record avoided
This is the kind of real-world success only possible with expert legal help.
Kanzlei Nattermann: Your Legal Shield in Drug-Related Driving Cases
When It’s BtMG + Traffic Law, You Need a Specialized Defense Team
The legal team at Kanzlei Nattermann is highly experienced in defending drivers facing BtMG violations, cannabis-related traffic offenses, and MPU procedures. They’ve helped hundreds of clients avoid wrongful license suspensions, prepare for MPUs, and challenge blood tests.
They assist with:
Strategic case planning
Procedural defense
Preparation for MPU tests
Abstinence coaching connections
License reinstatement pathways
Whether you’ve already lost your license or want to avoid reaching that point, Kanzlei Nattermann is your best first step.
